Wakefield v. Fish

Citations

• 62 Wash. 564
• 114 P. 180
• 1911 Wash. LEXIS 745

Syllabus

<p>Evidence — Deeds—Fraud—Sufficiency. The evidence to establish fraud in the insertion of an exception to a covenant against incumbrances must be clear and convincing, and is insufficient where disinterested witnesses who were parties to the transactions testified that it was fully understood and agreed to.</p> <p>Mortgages — Bona Fides — Record Title — Notice. A mortgagee is not charged with the mortgagor’s notice of an outstanding equity in a third person, where there was nothing to show that he did not rely on the record title.</p> <p>Mortgages — Application of Proceeds — Equities— Superiority. One having notice that a certain mortgage was to be made to raise money to satisfy his undisclosed equity in the property, cannot charge the mortgagee with the application of the proceeds where he failed to give the mortgagee direct notice of his claim thereto, even if the mortgagee had notice of the mortgagor’s agreement to so apply the proceeds.</p> <p>Mortgages — Record—Priorities. A purchase money mortgage does not, under our recording acts, take priority over others unless they concur in time or the priorities are controlled by contract or equities between the several mortgagees.</p> <p>Mortgages ■— Foreclosure — Successive Foreclosures — Junior Mortgages. Where a first mortgage had been foreclosed, establishing the priorities and the amount of the respective debts, without making junior mortgagees parties to the suit, it is proper to dismiss a subsequent action to foreclose the junior mortgage; since the right of redemption secures all the rights they would have by their foreclosure.</p>